S. 1783 (113th): Federal Prison Reform Act of 2013

The text of the bill below is as of Dec 9, 2013 (Introduced).

II

113th CONGRESS

1st Session

S. 1783

IN THE SENATE OF THE UNITED STATES

December 9, 2013

(for himself, Mr. Lee, Mr. Hatch, and Mr. Grassley) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To enhance public safety by improving the effectiveness and efficiency of the Federal prison system with offender risk and needs assessment, individual risk reduction incentives and rewards, and risk and recidivism reduction.

1.

Short title

This Act may be cited as the Federal Prison Reform Act of 2013 .

2.

Purposes

The purposes of the Act are to—

(1)

increase public safety by improving the effectiveness and efficiency of the Federal prison system, and to reduce the recidivism rates of Federal offenders;

(2)

establish offender risk and needs assessment as the cornerstone of a more effective and efficient Federal prison system;

(3)

implement a validated post-sentencing risk and needs assessment system that relies on dynamic risk factors to provide Federal prison officials with guidelines to address the individual criminogenic needs of Federal offenders, manage limited resources, and enhance public safety;

(4)

enhance existing recidivism reduction programs and increase prison jobs and other productive activities by incentivizing Federal prisoners to reduce their individual risk of recidivism by successfully completing such programs, and by successfully maintaining such jobs and activities over time;

(5)

reward all Federal prisoners who successfully complete evidence-based intervention and treatment programs, and maintain prison jobs and other productive activities, with the ability to earn and accrue time credits and additional privileges;

(6)

reward Federal prisoners who successfully reduce their individual risk of recidivism by providing them with the ability to transfer into prerelease custody when they are reassessed as low risk and have earned sufficient time credits;

(7)

expand the implementation of evidence-based intervention and treatment programs designed to reduce recidivism, including educational and vocational training programs, prison jobs, and other productive activities, to ensure that all Federal prisoners have access to them during their entire terms of incarceration;

(8)

perform regular outcome evaluations of programs and interventions to assure that they are evidence-based and to suggest changes and enhancements based on the results; and

(9)

assist the Department of Justice in addressing the underlying cost structure of the Federal prison system and ensure that the Department can continue to run our prisons safely and securely without compromising the scope or quality of the Department’s many other critical law enforcement missions.

3.

Duties of the Attorney General

(a)

In general

The Attorney General shall carry out this section in consultation with—

(1)

the Director of the Bureau of Prisons;

(2)

the Director of the Administrative Office of the United States Courts;

(3)

the Assistant Director for the Office of Probation and Pretrial Services;

(4)

the Chair of the United States Sentencing Commission;

(5)

the Director of the National Institute of Justice; and

(6)

the inspector general of the Department of Justice.

(b)

Duties

The Attorney General shall, in accordance with subsection (c)

(1)

develop an offender risk and needs assessment system in accordance with section 3621A of title 18, United States Code, as added by section 4 of this Act;

(2)

develop recommendations regarding recidivism reduction programs and productive activities in accordance with section 5;

(3)

conduct ongoing research and data analysis to determine—

(A)

the best practices regarding the use of offender risk and needs assessment tools;

(B)

the best available risk and needs assessment tools and the level to which they rely on dynamic risk factors that could be addressed and changed over time, and on measures of risk of recidivism, individual needs, and responsivity to recidivism reduction programs;

(C)

the most effective and efficient uses of such tools in conjunction with recidivism reduction programs, productive activities, incentives, and rewards; and

(D)

which recidivism reduction programs are the most effective—

(i)

for prisoners classified at different recidivism risk levels; and

(ii)

for addressing the specific needs of individual prisoners;

(4)

on a biennial basis, review the system required under paragraph (1) and the recommendations required under paragraph (2), using the research conducted under paragraph (3), to determine whether any revisions or updates should be made, and if so, make such revisions or updates;

(5)

hold periodic meetings with the officials listed in subsection (a) at intervals to be determined by the Attorney General; and

(6)

report to Congress in accordance with section 6.

(c)

Methods

In carrying out the duties under subsection (b), the Attorney General shall—

(1)

consult relevant interested individuals and entities; and

(2)

make decisions using data that is based on the best available statistical and empirical evidence.

4.

Post-sentencing risk and needs assessment system

(a)

In general

Subchapter C of chapter 229 of title 18, United States Code, is amended by inserting after section 3621 the following:

3621A.

Post-sentencing risk and needs assessment system

(a)

In general

Not later than 180 days after the date of the enactment of this section, the Attorney General shall develop and release for use by the Bureau of Prisons an offender risk and needs assessment system, to be known as the Post-Sentencing Risk and Needs Assessment System, which shall provide risk and needs assessment tools (developed under subsection (b)) in order to—

(1)

classify the recidivism risk level of all prisoners as low, moderate, or high as part of the intake process, and ensure that low-risk prisoners are grouped with low-risk prisoners in all housing and assignment decisions;

(2)

assign covered prisoners to appropriate recidivism reduction programs or productive activities based on that classification, the specific criminogenic needs of the covered prisoner, and in accordance with subsection (c);

(3)

reassess the recidivism risk level of covered prisoners periodically using an appropriate reassessment tool, and reassign the covered prisoner to appropriate recidivism reduction programs or productive activities based on the revised classification, the specific criminogenic needs of the covered prisoner, and the successful completion of recidivism reduction programs in accordance with subsection (d); and

(4)

determine when a covered prisoner who has been classified as having a low recidivism risk level is qualified and eligible to transfer to prerelease custody in accordance with subsection (d).

(b)

Risk and needs assessment tools

(1)

In general

The Attorney General shall—

(A)

adapt the Federal Post Conviction Risk Assessment Tool developed and utilized by the Administrative Office of the United States Courts in order to develop suitable risk and needs assessment tools to be used under the System described under subsection (a) by using the research and data analysis required under section 3(b)(3) of the Federal Prison Reform Act of 2013 (in accordance with the methods required under section 3(c) of the Federal Prison Reform Act of 2013 ) to make the most effective and efficient tools to accomplish the assessments, assignments and reassessments described in paragraphs (1) through (4) of subsection (a); and

(B)

ensure that the risk and needs assessment tool to be used in the reassessments described in subsection (a)(3) measures indicators of progress and improvement, and of regression, including newly acquired skills, attitude, and behavior changes over time.

(2)

Use of existing risk and needs assessment tools permitted

In carrying out this subsection, the Attorney General may determine that—

(A)

other existing risk and needs assessment tools are sufficiently effective and efficient for the purpose of accomplishing the assessments and reassessments described in paragraphs (1) through (4) of subsection (a); and

(B)

the tools described in subparagraph (A) shall be used under the System instead of developing new tools.

(3)

Validation on prisoners

In carrying out this subsection, the Attorney General shall statistically validate any tools that are selected for use under the System on the Federal prison population, or ensure that the tools have been so validated.

(c)

Assignment of recidivism reduction programs or productive activities

The System shall provide guidance on the kind and amount of recidivism reduction programming or productive activities assigned for each classification of prisoner and shall provide—

(1)

that, after the end of the phase-in period described in section 3621(h)(3), the higher the risk level of a covered prisoner, the more recidivism reduction programming the covered prisoner shall participate in, according to the covered prisoner’s specific criminogenic needs;

(2)

that low-, moderate-, and high-risk covered prisoners may be separated during programming in accordance with practices for effective recidivism reduction;

(3)

information on best practices concerning the tailoring of recidivism reduction programs to the specific criminogenic needs of each covered prisoner so as to best lower each covered prisoner’s risk of recidivating;

(4)

that a covered prisoner who has been classified as low risk and without need of recidivism reduction programming shall participate in productive activities, including prison jobs, in order to remain classified as low risk;

(5)

that a covered prisoner who successfully completes all recidivism reduction programming to which the covered prisoner was assigned shall participate in productive activities, including a prison job; and

(6)

that each covered prisoner shall participate in and successfully complete recidivism reduction programming or productive activities, including prison jobs, throughout the entire term of incarceration of the covered prisoner.

(d)

Recidivism reduction program and productive activity incentives and rewards

The System shall provide the following incentives and rewards to covered prisoners that have successfully completed recidivism reduction programs and successfully completed productive activities:

(1)

Family phone and visitation privileges

A covered prisoner who has successfully completed a recidivism reduction program or a productive activity shall receive, for use with family (including extended family), close friends, mentors, and religious leaders—

(A)

up to 30 minutes per day, and up to 900 minutes per month that the covered prisoner is permitted to use the phone; and

(B)

additional time for visitation at the penal or correctional facility in which the covered prisoner is imprisoned, as determined by the person in charge of the penal or correctional facility.

(2)

Time credits

(A)

In general

A covered prisoner who has successfully completed a recidivism reduction program or productive activity shall receive time credits as follows:

(i)

Low risk

A covered prisoner who has been classified as having a low risk of recidivism shall earn 30 days of time credits for each period of 30 days during which the covered prisoner has participated in a recidivism reduction program or productive activity that the covered prisoner has successfully completed.

(ii)

Moderate risk

A covered prisoner who has been classified as having a moderate risk of recidivism shall earn 15 days of time credits for each period of 30 days during which the covered prisoner has participated in a recidivism reduction program or productive activity that the covered prisoner has successfully completed.

(iii)

High risk

A covered prisoner who has been classified as having a high risk of recidivism shall earn 8 days of time credits for each period of 30 days during which the covered prisoner has participated in a recidivism reduction program or productive activity that the covered prisoner has successfully completed.

(B)

Availability

A covered prisoner may not receive time credits under this paragraph for a recidivism reduction program or productive activity that the covered prisoner has successfully completed—

(i)

before the date of the enactment of this section; or

(ii)

during official detention before the date on which the covered prisoner’s sentence commences under section 3585(a).

(C)

Prerelease custody

(i)

In general

A covered prisoner who is classified as having a low risk of recidivism, who has earned time credits in an amount that is equal to the remainder of the covered prisoner’s imposed term of imprisonment, and who the person in charge of the penal or correctional facility in which the covered prisoner is imprisoned determines is otherwise qualified for prerelease custody, shall be eligible to be transferred into prerelease custody in accordance with section 3624(c)(3).

(ii)

Guidelines

The System shall include guidelines, for use by the Bureau of Prisons and the Office of Probation and Pretrial Services, for prisoners placed in halfway houses or home confinement under section 3624(c)(3), for different levels of supervision, requirements and consequences based on the prisoner’s conduct, including electronic monitoring, work, community service, crime victim restoration activities, sanctions and a return to prison with a reassessment of recidivism risk level under the System as a result of certain behavior, which shall be consistent with a structured sanctions model that consistently and swiftly punishes violations and uses mild sanctions in order to improve compliance and success rates and reduce recidivism rates.

(D)

Ineligible prisoners

A covered prisoner shall be ineligible to receive time credits under this section if the covered prisoner—

(i)

has been convicted of any Federal crime of terrorism, as that term is defined under section 2332b(g)(5);

(ii)

is detained on any charge related to a Federal crime of terrorism, as that term is defined under section 2332b(g)(5);

(iii)

has been convicted of a Federal crime under section 276(a) of the Immigration and Nationality Act ( 8 U.S.C. 1326(a) ), relating to the reentry of a removed alien, but only if the alien is described in paragraph (1) or (2) of subsection (b) of that section;

(iv)

has been convicted of any Federal crime of violence, as that term is defined under section 16;

(v)

has been convicted of any Federal sex crime, as that term is defined under section 3509;

(vi)

has been convicted of any Federal crime involving child exploitation, as that term is defined under section 2 of the PROTECT Our Children Act of 2008 (42 U.S.C. 17601); or

(vii)

has been convicted of more than 2 Federal crimes arising from more than 1 course of conduct.

(3)

Risk reassessments and level adjustment

A covered prisoner who has successfully completed recidivism reduction programming or successfully completed productive activities shall receive periodic risk reassessments with an appropriate reassessment tool (with high and moderate risk level covered prisoners receiving more frequent risk reassessments), and if the reassessment shows that the covered prisoner’s risk level or specific needs have changed, the Bureau of Prisons shall update the covered prisoner’s risk level or information regarding the covered prisoner’s specific needs and reassign the covered prisoner to appropriate recidivism reduction programs or productive activities based on such changes, and provide the applicable time credits to the covered prisoner.

(4)

Relation to other incentive programs

The incentives described in this subsection shall be in addition to any other rewards or incentives for which a covered prisoner may be eligible, except that a covered prisoner shall not be eligible for the time credits described in paragraph (2) if that covered prisoner has accrued time credits under another provision of law based solely upon participation in, or successful completion of, such program.

(e)

Penalties

The System shall provide guidelines for the Bureau of Prisons to reduce rewards earned under subsection (d) for covered prisoners who violate the rules of the penal or correctional facility in which the covered prisoner is imprisoned, a recidivism reduction program, or a productive activity, which shall provide—

(1)

general levels of violations and resulting reward reductions;

(2)

that any reward reduction that includes the forfeiture of time credits shall be limited to time credits that a covered prisoner earned as of the date of the covered prisoner’s rule violation, and not applicable to any subsequent credits that the covered prisoner may earn; and

(3)

guidelines for the Bureau of Prisons to establish a procedure to restore time credits that a covered prisoner forfeited as a result of a rule violation based on the covered prisoner’s individual progress after the date of the rule violation.

(f)

Bureau of Prisons Training

The Attorney General shall develop training protocols and programs for Bureau of Prisons officials and employees responsible for administering the System, which shall include—

(1)

initial training to educate employees and officials on how to use the System in an appropriate and consistent manner, as well as the reasons for using the System;

(2)

continuing education; and

(3)

periodic training updates.

(g)

Quality assurance

In order to ensure that the Bureau of Prisons is using the System in an appropriate and consistent manner, the Attorney General shall monitor and assess the use of the System, which shall include conducting periodic audits of Bureau of Prisons facilities regarding the use of the System, and shall ensure the development of risk and needs indicators and measurement processes that are both reliable and valid.

(h)

Determinations and classifications unreviewable

There shall be no right of review, right of appeal, cognizable property interest, or cause of action, either administrative or judicial, arising from any determination or classification made by any Federal agency or employee while implementing or administering the System, or any rules or regulations promulgated under this section.

(i)

Definitions

In this section:

(1)

Covered prisoner

The term covered prisoner means a prisoner who is not ineligible to receive time credits under this section pursuant to subsection (d)(2)(D).

(2)

Prisoner

The term prisoner means a person who has been sentenced to a term of imprisonment pursuant to a conviction for a Federal criminal offense.

(3)

Productive activity

The term productive activity

(A)

means a group or individual activity, including participation in a job as part of a prison work program, that is designed to allow prisoners classified as having a low risk of recidivism to remain productive and thereby maintain a low-risk classification; and

(B)

may include the delivery of the activities described in paragraph (4)(C) to other prisoners.

(4)

Recidivism reduction program

The term recidivism reduction program means a group or individual activity that—

(A)

has been shown by empirical evidence to reduce recidivism;

(B)

is designed to help prisoners succeed in their communities upon release from prison; and

(C)

may include—

(i)

classes on social learning and life skills;

(ii)

classes on morals or ethics;

(iii)

academic classes;

(iv)

cognitive behavioral treatment;

(v)

mentoring;

(vi)

substance abuse treatment;

(vii)

vocational training;

(viii)

faith-based classes or services;

(ix)

victim-impact classes, victim-offender dialogue, or other restorative justice programs; and

(x)

a prison job.

(5)

Risk and needs assessment tool

The term risk and needs assessment tool means an objective and statistically validated method through which information is collected and evaluated to determine—

(A)

the level of risk that a prisoner will recidivate upon release from prison; and

(B)

the recidivism reduction programs that will best minimize or reduce the risk that a particular prisoner will recidivate upon release from prison.

(6)

Successfully completed

The term successfully completed

(A)

means that—

(i)

as determined by the person in charge of the penal or correctional facility of the Bureau of Prisons in which the covered prisoner is imprisoned, that the covered prisoner—

(I)

regularly attended the recidivism reduction program or productive activity;

(II)

actively engaged and participated in the recidivism reduction program or productive activity;

(III)

completed all assignments or tasks in a manner that has allowed the covered prisoner to realize the criminogenic benefits of the recidivism reduction program or productive activity;

(IV)

did not regularly engage in disruptive behavior that seriously undermined the administration of a recidivism reduction program or productive activity; and

(V)

satisfied the requirements of subclauses (I) through (IV) for a time period that has allowed the covered prisoner to realize the criminogenic benefits of the recidivism reduction program or productive activity; and

(ii)

the covered prisoner satisfied the requirements of subparagraph (A) for a time period of not less than 30 days; and

(B)

shall not be construed to mean that the covered prisoner is no longer participating in the particular recidivism reduction program or productive activity, if—

(i)

the covered prisoner has satisfied the requirements of clauses (i) and (ii) of subparagraph (A); and

(ii)

the recidivism reduction program or productive activity will continue to help the covered prisoner to further reduce risk level of the covered prisoner, or maintain the risk level of the covered prisoner.

(7)

System

The term System means the Post-Sentencing Risk and Needs Assessment System established under subsection (a).

(8)

Time credit

The term time credit means the equivalent of 1 day of a prisoner’s sentence, such that a prisoner shall be eligible for 1 day of prerelease custody for each credit earned.

.

(b)

Technical and conforming amendment

The table of sections for subchapter C of chapter 229 of title 18, United States Code, is amended by inserting after the item relating to section 3621 the following:

3621A. Post-sentencing risk and needs assessment system.

.

5.

Recidivism reduction program and productive activity recommendations

The Attorney General shall—

(1)

review the effectiveness of recidivism reduction programs and productive activities, including prison jobs, that exist as of the date of the enactment of this Act in facilities operated by the Bureau of Prisons;

(2)

review available information regarding the effectiveness of recidivism reduction programs and productive activities, including prison jobs, that exist in State-operated prisons throughout the United States, provided that the Attorney General shall make no rule or regulation requiring any State government to provide information for, or participate in, such review;

(3)

conduct or fund research to evaluate established programs offered through organizations that do not rely on Federal funding in order to demonstrate the effectiveness of such programs in reducing recidivism;

(4)

identify the most effective recidivism reduction programs that are evidence-based;

(5)

survey all Federal agencies to determine which products purchased by the agencies could be manufactured by prisoners participating in a prison work program without reducing job opportunities for workers in the United States who are not in the custody of the Bureau of Prisons; and

(6)

make recommendations to the Bureau of Prisons regarding—

(A)

replication of the most effective recidivism reduction programs that are evidence-based;

(B)

the expansion of effective, evidence-based recidivism reduction programming capacity;

(C)

the expansion of productive activities, including prison jobs; and

(D)

the addition of any new effective programs and activities that the Attorney General finds, using the methods described in section 3(c), would help to reduce recidivism.

6.

Reports

(a)

Annual reports

Not later than January 1, 2015, and every January 1 thereafter, the Attorney General, in consultation with the inspector general of the Department of Justice, shall submit to the appropriate committees of Congress a report that contains the following:

(1)

A summary of the activities and accomplishments of the Attorney General in carrying out this Act and the amendments made by this Act.

(2)

An assessment of the status and use of the System by the Bureau of Prisons, including the number of prisoners classified at each risk level under the System at each facility of the Bureau of Prisons.

(3)

A summary and assessment of the types and effectiveness of the recidivism reduction programs and productive activities in facilities operated by the Bureau of Prisons, including—

(A)

evidence about which programs and activities have been shown to reduce recidivism;

(B)

the capacity of each program and activity at each facility, including the number of prisoners along with the risk level of each prisoner enrolled in each program and activity; and

(C)

identification of any problems or shortages in capacity of such programs and activities, and how these should be remedied.

(4)

An assessment of the Bureau of Prisons compliance with section 3621(h) of title 18, United States Code, as added by section 7 of this Act.

(5)

An assessment of progress made toward carrying out the purposes of this Act, including any savings associated with—

(A)

the transfer of low-risk prisoners into prerelease custody under this Act and the amendments made by this Act; and

(B)

any decrease in recidivism that may be attributed to the implementation of the System or the increase in recidivism reduction programs and productive activities required by this Act and the amendments made by this Act.

(b)

Prison work programs report

Not later than 180 days after the date of enactment of this Act, the Attorney General, in consultation with the Director of the Bureau of Prisons, shall submit to the appropriate committees of Congress a report on the status of prison work programs at facilities operated by the Bureau of Prisons, including—

(1)

a strategy to expand the availability of such programs without reducing job opportunities for workers in the United States who are not in the custody of the Bureau of Prisons;

(2)

an assessment of the feasibility of expanding such programs, consistent with the strategy required under paragraph (1), so that, not later than 5 years after the date of enactment of this Act, not less than 75 percent of eligible low-risk offenders have the opportunity to participate in a prison work program for not less than 20 hours per week; and

(3)

a detailed discussion of legal authorities that would be useful or necessary to achieve the goals in paragraphs (1) and (2).

(c)

Savings reports

Not later than 180 days after the date of enactment of this Act, and every year thereafter, the Attorney General shall submit to the appropriate committees of Congress a report containing—

(1)

an analysis of current and projected savings associated with this Act and the amendments made by this Act; and

(2)

a strategy to reinvest a portion of such savings into expansions of recidivism reduction programs and productive activities, including prison work programs, by the Bureau of Prisons.

7.

Use of System and recommendations by Bureau of Prisons

(a)

Implementation of System generally

Section 3621 of title 18, United States Code, is amended by adding at the end the following:

(h)

Post-Sentencing Risk and Needs Assessment System

(1)

Definitions

In this section, the terms covered prisoner, prisoner, productive activity, recidivism reduction program, risk and needs assessment tool, successfully completed, System, and time credit have the meanings given such terms in section 3621A.

(2)

Implementation

Not later than 180 days after the Attorney General develops and releases the System, the Bureau of Prisons shall—

(A)

implement the System and complete a risk and needs assessment for each prisoner, regardless of the prisoner’s length of imposed term of imprisonment; and

(B)

expand the effective recidivism reduction programs and productive activities offered by the Bureau of Prisons and add any new recidivism reduction program or productive activity necessary to effectively implement the System, in accordance with the recommendations made by the Attorney General under section 5 of the Federal Prison Reform Act of 2013 and with paragraph (3).

(3)

Phase-in

In order to carry out paragraph (2), so that every covered prisoner has the opportunity to complete the kind and amount of recidivism reduction programming the covered prisoner is assigned or participate in productive activities in order to effectively implement the System and that is recommended by the Attorney General, the Bureau of Prisons shall, subject to the availability of appropriations, develop and operate such recidivism reduction programs and productive activities—

(A)

for not less than 20 percent of covered prisoners by the date that is 1 year after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (2)(A);

(B)

for not less than 40 percent of covered prisoners by the date that is 2 years after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (2)(A);

(C)

for not less than 60 percent of covered prisoners by the date that is 3 years after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (2)(A);

(D)

for not less than 80 percent of covered prisoners by the date that is 4 years after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (2)(A); and

(E)

for all covered prisoners by the date that is 5 years after the date on which the Bureau of Prisons completes a risk and needs assessment for each prisoner under paragraph (1)(A) and thereafter.

(4)

Priority during phase-in

During the phase-in period described in paragraph (3), the priority for such programs and activities shall be accorded based on, in order, the following:

(A)

Recidivism risk level

The recidivism risk level of covered prisoners (as determined using a risk and needs assessment tool under the system), with low-risk covered prisoners receiving first priority, moderate-risk covered prisoners receiving second priority, and high-risk covered prisoners receiving last priority.

(B)

Release date

Within each such risk level, a covered prisoner’s proximity to release date.

(5)

Preliminary expansion of recidivism reduction programs and authority to use incentives

On and after the date of enactment of the Federal Prison Reform Act of 2013 , the Bureau of Prisons may—

(A)

expand any recidivism reduction program or productive activity in effect at a facility of the Bureau of Prisons as of such date; and

(B)

offer to a covered prisoner who has successfully completed such programming and activities the incentives and rewards described in—

(i)

section 3621A(d)(1); and

(ii)

section 3621A(d)(2)(A), except a covered prisoner may receive up to 30 days of time credits for each period of 30 days during which the covered prisoner participated in a recidivism reduction program or productive activity that the covered prisoner successfully completed, with the amount of time credits to be determined by the person in charge of the penal or correctional facility in which the covered prisoner is imprisoned.

(6)

Recidivism reduction partnerships

Not later than 180 days after the date of enactment of this subsection, the Attorney General shall issue regulations requiring the person in charge of each penal or correctional facility of the Bureau of Prisons to expand the availability of recidivism reduction programming and productive activities by entering into partnerships with each of the following:

(A)

Nonprofit organizations, including faith-based and community-based organizations, that will deliver recidivism reduction programming in the facility, on a paid or volunteer basis.

(B)

Institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ) that will deliver academic classes in the facility, on a paid or volunteer basis.

(C)

Private entities that will, on a volunteer basis—

(i)

deliver vocational training and certifications in the facility;

(ii)

provide equipment to facilitate vocational training or employment opportunities for prisoners;

(iii)

employ prisoners; or

(iv)

assist prisoners in prerelease custody or supervised release in finding employment.

(7)

Penalties

Effective on January 1, 2015, and every January 1 thereafter, if the most recent report submitted by the Attorney General under section 6(a) of the Federal Prison Reform Act of 2013 indicates that the Bureau of Prisons has failed to implement the System or complete a risk and needs assessment for each prisoner, or has failed to expand the recidivism reduction programs and productive activities offered by the Bureau of Prisons and add any new recidivism reduction programs and productive activities necessary to effectively implement the System, in accordance with paragraphs (2) through (6), the amount available for the then current fiscal year for salaries and expenses for the Central Office (Headquarters) of the Bureau of Prisons shall be reduced to the amount equal to 95 percent of the amount available for such salaries and expenses for the most recent fiscal year (including any reduction under this paragraph).

.

(b)

Prerelease custody

(1)

In general

Section 3624(c) of title 18, United States Code, is amended—

(A)

by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and

(B)

by inserting after paragraph (2) the following:

(3)

Prisoners with a low risk of recidivating

(A)

Definitions

In this paragraph—

(i)

the term qualified prisoner means a prisoner who has—

(I)

been classified under the System as having a low risk of recidivating;

(II)

earned time credits in an amount that is equal to the remainder of the prisoner’s imposed term of imprisonment; and

(III)

been classified by the person in charge of the penal or correctional facility of the Bureau of Prisons in which the prisoner is imprisoned as otherwise qualified to be transferred into prerelease custody; and

(ii)

the terms prisoner, System, and time credit have the meanings given such terms in section 3621A.

(B)

Recommendation

The person in charge of the penal or correctional facility of the Bureau of Prisons in which a qualified prisoner is imprisoned shall submit a recommendation, with a statement of the rationale and all supporting documentation, including the qualified prisoner’s full behavioral record, that the qualified prisoner be transferred into prerelease custody to the United States district court in which the qualified prisoner was convicted, and a judge for such court shall, not later than 60 days after the submission of the recommendation, approve or deny such recommendation.

(C)

Standard

A judge may only deny a recommendation to transfer a qualified prisoner into prerelease custody under this paragraph if the judge finds by a preponderance of the evidence that the qualified prisoner should not be transferred into prerelease custody based only on evidence of the actions of the qualified prisoner after the conviction of the qualified prisoner, including the behavioral record of the qualified prisoner, and not based on evidence from the underlying conviction.

(D)

Failure to rule

The failure of a judge to approve or deny a recommendation to transfer at the end of the 60-day period described in subparagraph (B) shall be deemed as an approval of such recommendation.

(E)

Approval

If a recommendation relating to a qualified prisoner is approved under subparagraph (B) or deemed approved under subparagraph (D)

(i)

the qualified prisoner shall be placed in a halfway house or sent to home confinement, if that qualified prisoner will be able to stay in a residence approved by the person in charge of the penal or correctional facility of the Bureau of Prisons in which a qualified prisoner is imprisoned; and

(ii)

the time limits under paragraphs (1) and (2) shall not apply.

(F)

Supervision

(i)

In general

The Director of the Bureau of Prisons, in conjunction with the Assistant Director for the Office of Probation and Pretrial Services, shall ensure that a qualified prisoner placed in home confinement under subparagraph (E) shall be supervised by probation officers and remain in home confinement until the qualified prisoner has served not less than 85 percent of the imposed term of imprisonment of the qualified prisoner.

(ii)

Home confinement supervision system

The Assistant Director for the Office of Probation and Pretrial Services shall implement a home confinement supervision system for all qualified prisoners placed in prerelease custody pursuant to transfers awarded under this paragraph that shall—

(I)

use the most cost-effective electronic monitoring systems available, which shall be procured using a competitive bidding process;

(II)

be adapted to the best practices of State criminal justice systems using electronically monitored home confinement as an alternative to incarceration;

(III)

allow probation officers to continuously monitor the locational status of each qualified prisoner placed in home confinement pursuant to a transfer awarded under this paragraph; and

(IV)

not exceed a cost, including administrative expenses, of $16 per day per qualified prisoner in home confinement pursuant to a transfer awarded under this paragraph.

(G)

Level of supervision

The person in charge of the penal or correctional facility of the Bureau of Prisons in which a qualified prisoner is imprisoned or a probation officer shall use the guidelines developed by the Attorney General under section 3621A(d)(2)(C) to determine the level of supervision and consequences for certain actions for a qualified prisoner transferred into prerelease custody under this paragraph.

(H)

Mentoring services

Any person that provided mentoring services to a qualified prisoner placed in a halfway house or in home confinement while the qualified prisoner was in a penal or correctional facility of the Bureau of Prisons shall be permitted to continue such services after the qualified prisoner has been transferred into prerelease custody, unless the person in charge of the penal or correctional facility of the Bureau of Prisons demonstrates, in a written document submitted to the person, that such services would be a significant security risk to the qualified prisoner, persons who provide such services, or any other person.

(I)

Determinations and classifications unreviewable

There shall be no right of review, right of appeal, cognizable property interest, or cause of action, either administrative or judicial, arising from any determination or classification made under this paragraph, or any rules or regulations promulgated under this paragraph.

.

(2)

Effective date

The amendments made by this subsection shall—

(A)

take effect on the date of enactment of this Act; and

(B)

apply on and after the date on which the Attorney General implements the System.

8.

Definitions

In this Act:

(1)

Appropriate committees of Congress

The term appropriate committees of Congress means—

(A)

the Committee on the Judiciary and the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the Senate; and

(B)

the Committee on the Judiciary and the Subcommittee on Commerce, Justice, Science, and Related Agencies of the Committee on Appropriations of the House of Representatives.

(2)

Covered prisoner

The term covered prisoner means a prisoner who is not ineligible to receive time credits under section 3621A of title 18, United States Code pursuant to subsection (d)(2)(D) of such section.

(3)

Prisoner

The term prisoner means a person who has been sentenced to a term of imprisonment pursuant to a conviction for a Federal criminal offense.

(4)

Productive activity

The term productive activity

(A)

means a group or individual activity, including participation in a job as part of a prison work program, that is designed to allow prisoners classified as having a low risk of recidivism to remain productive and thereby maintain a low-risk classification; and

(B)

may include the delivery of the activities described in paragraph (5)(C) to other prisoners.

(5)

Recidivism reduction program

The term recidivism reduction program means a group or individual activity that—

(A)

has been shown by empirical evidence to reduce recidivism;

(B)

is designed to help prisoners succeed in their communities upon release from prison; and

(C)

may include—

(i)

classes on social learning and life skills;

(ii)

classes on morals or ethics;

(iii)

academic classes;

(iv)

cognitive behavioral treatment;

(v)

mentoring;

(vi)

substance abuse treatment;

(vii)

vocational training;

(viii)

faith-based classes or services;

(ix)

victim-impact classes, victim-offender dialogue, or other restorative justice programs; and

(x)

a prison job.

(6)

Risk and needs assessment tool

The term risk and needs assessment tool means an objective and statistically validated method through which information is collected and evaluated to determine—

(A)

the level of risk that a prisoner will recidivate upon release from prison; and

(B)

the recidivism reduction programs that will best minimize or reduce the risk that a particular prisoner will recidivate upon release from prison.

(7)

Successfully completed

The term successfully completed

(A)

means that—

(i)

as determined by the person in charge of the penal or correctional facility of the Bureau of Prisons in which the covered prisoner is imprisoned, that the covered prisoner—

(I)

regularly attended the recidivism reduction program or productive activity;

(II)

actively engaged and participated in the recidivism reduction program or productive activity;

(III)

completed all assignments or tasks in a manner that has allowed the covered prisoner to realize the criminogenic benefits of the recidivism reduction program or productive activity;

(IV)

did not regularly engage in disruptive behavior that seriously undermined the administration of a recidivism reduction program or productive activity; and

(V)

satisfied the requirements of subclauses (I) through (IV) for a time period that has allowed the covered prisoner to realize the criminogenic benefits of the recidivism reduction program or productive activity; and

(ii)

the covered prisoner satisfied the requirements of subparagraph (A) for a time period of not less than 30 days; and

(B)

shall not be construed to mean that the covered prisoner is no longer participating in the particular recidivism reduction program or productive activity, if—

(i)

the covered prisoner has satisfied the requirements of clauses (i) and (ii) of subparagraph (A); and

(ii)

the recidivism reduction program or productive activity will continue to help the covered prisoner to further reduce risk level of the covered prisoner, or maintain the risk level of the covered prisoner.

(8)

System

The term System means the Post-Sentencing Risk and Needs Assessment System established under section 3621A of title 18, United States Code, as added by section 4 of this Act.

(9)

Time credit

The term time credit means the equivalent of 1 day of a prisoner’s sentence, such that a prisoner shall be eligible for 1 day of prerelease custody for each credit earned.